10.1. Purpose
It is recognized that there are certain uses which, because of their nature, cannot be distinctly classified or regulated so as to be uniformly permitted in a particular zoning district, without careful consideration in each case of the impact of such uses upon neighboring uses and the surrounding area, and without careful evaluation of the public need for such uses in the particular locations proposed. Such uses, therefore, shall be treated individually through the use of Special Permits. Special Permits shall be used to evaluate other uses or development as indicated elsewhere in these Regulations.
10.2. Application for Special Permits
Each application for the approval of a Special Permit shall be filed with the Zoning Officer on a form provided by the Commission at least five calendar days prior to the Commission's next regularly scheduled meeting and shall be accompanied by a fee as specified in Section 11.4 of these Regulations. The Commission shall not take action on any Special Permit application until after a public hearing has been held in accordance with the requirements of Section 8-3c of the Connecticut General Statutes.
Each Special Permit application shall include a site plan prepared in accordance with the requirements of Section 9 of these Regulations. Informal discussion of the site plan is especially encouraged for Special Permit applications (see Section 9.3). The Commission may take action simultaneously on both the Special Permit application and the site plan prepared for the subject property; however, approval of the Special Permit application shall not constitute approval of the site plan for the subject site unless specifically stated by the Commission.
10.3. Notification of Adjacent Property Owners
Each application for a Special Permit shall include a list, prepared by the applicant, of the names and addresses of the owners of all land included within the application and of all properties 150 feet or less distant therefrom, all as shown on the most recent records on file in the Town of Stonington Tax Assessor's Office. The application shall mail notification of said pending application to at least one owner of each such property not more than twenty days, and not less than ten days before the date set for the public hearing, by transmitting the text of the public hearing notice as provided by the Commission. Evidence of such mailing, in the form of United States Post Office Certificates of Mailing, shall be submitted to the Zoning Officer along with said list of property owners, not less than five calendar days prior to the hearing date. Failure to comply with the procedures required herein shall be deemed valid basis for denial of a Special Permit application. Each applicant for a Special Permit shall comply with the public posting requirements of Section 11.6.
10.4. Findings
A Special Permit shall not be granted until the Commission has determined that all of the following conditions have been satisfied:
10.4.1. Compliance With the Adopted Land Use Plan and the Zoning Regulations
The proposed use of the subject site is consistent with the purpose and intent of the Plan of Conservation and Development, and the proposed use is one which is permitted to be established within the district in which the subject site is located, subject to the approval of a Special Permit.
10.4.2. Orderly Development
The location, type, character, and size of the use, and of any building or other structure in connection therewith, is in harmony with the appropriate and orderly development of the Borough and the neighborhood, and will not hinder or discourage the appropriate development and use of adjacent property.
10.4.3. Property Values and Character of the Neighborhood
The proposed use will not depreciate adjacent property values, and the size and height of all proposed buildings and the extent of all proposed site improvements shall be in harmony with the existing character of the neighborhood in which such use is to be established.
10.4.4. Public Safety
The nature and location of the proposed use, and of any building or other structure in connection therewith, is such that there is adequate access to it for the purpose of fire protection, police protection, and other emergency equipment.
10.4.5. Traffic Considerations
The streets serving the proposed use are adequate to carry all prospective traffic; adequate provision is made for entering and leaving the subject site in such a manner that no undue hazard to traffic or undue traffic congestion shall be created; and adequate off-street parking and loading facilities are provided as required by Section 2.8 of these Regulations.
10.4.6. Landscaping and Buffers
The site on which the proposed use is to be located will be suitably landscaped to protect the neighborhood and adjacent property, and the proposed use of the property will not result in the loss of any existing buffering. When adequate buffering is not found to exist, sufficient buffers between the proposed use and adjacent property shall be provided.
10.4.7. Relationship to Utility Systems, Drainage Systems, and Impact on Community Facilities
The subject site has adequate water and sewer service for the proposed use, adequate provisions for storm water drainage can be provided without adversely affecting neighboring properties or adjacent public drainage systems, and the proposed use will not adversely affect existing community facilities.
10.4.8. Compliance with Zoning Regulations
In addition to meeting the other conditions described herein, the proposed use and the arrangement of all proposed buildings, structures, facilities, and other site improvements shall comply with all applicable provisions of these Regulations.
10.5. Stipulations With Special Permits
The Commission, in approving a Special Permit, may stipulate such restrictions as appear to the Commission to be reasonable to protect or promote the rights of individuals, property values, and the environment in the area as a whole, the public health, safety, or welfare, sound planning and zoning principles, improved land use, site planning and land development, or better overall neighborhood compatibility. Such restrictions may concern, without limitation, the components of the site plan: building location, size and layout, distribution of and relationship between uses and structures, vehicular and pedestrian circulation, parking, open space, landscaping and screening, signs and lighting, and the design and architectural treatment of all structures.
10.6. Revocation of Special Permits
If no construction has begun on a building or structure, or no use authorized by the Special Permit has been established on a lot for which a Special Permit was approved by the Commission, within one year of the date of approval of the Special Permit, the Permit shall become null and void.
Whenever the Commission shall find, in the case of any Special Permit granted under the provisions of this Section, that any of the terms, conditions, or restrictions upon which such approval was granted are not being complied with, the Commission may rescind and revoke such approval after giving due notice to the owner of record of the property involved and the applicant for the Special Permit.
Whenever a use permitted by Special Permit is abandoned, as defined in Section 2.9 of these Regulations, the approval of such Permit shall be rescinded and revoked. Continuation of a use for which a Special Permit approval has been rescinded shall constitute a violation of these Regulations.
10.7. Changes to Approved Special Permits
Once a Special Permit has been granted to use a lot under the provisions of these Regulations, and a site plan regarding such use has been approved under the provisions of Section 9, no subsequent change to the approved building or structure, parking lot, or outdoor use of land shall be permitted unless a new site plan is submitted to and approved by the Commission regarding the change. If any such modification involves a change in the use of the property or buildings thereon, from that which was originally approved, a new Special Permit application delineating the change in use shall be submitted to and considered by the Commission.